A BILL toamend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-5P-15, relating
to establishing an in-home care registry; defining terms;
requiring the Bureau of Senior Services to develop and
maintain the registry; providing legislative rule-making
authority to the bureau; and specifying certain requirements
to be provided in the legislative rule.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §16-5P-15, to read as
follows:

§16-5P-15. Establishment of In-home Care Registry.

(a) There is established within the Bureau of Senior Services
an in-home care worker registry which is to be maintained by the
bureau. The purpose of the registry is to provide the public a
list of in-home care workers who voluntarily agree to be included
and their qualifications, who have passed a criminal background
check.

(b) "In-home care worker" means an unlicensed person who
provides personal care or other services and supports to persons
with disabilities or to the elderly in order to enhance their
well-being and which involves face-to-face direct contact with the
person. Functions performed may include but are not limited to
assistance and training in activities of daily living, personal
care services, and job-related supports.

(c) The bureau shall propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code, to establish the following:

(1) The registry of in-home care workers;

(2) The requirements for inclusion on the registry as an
‘in-home care worker,’ including educational attainment;

(3) A fee schedule of proposed rates for those services and
supports provided by the in-home care worker based upon
qualifications of the in-home care workers such as educational
attainment;

(4) Requirement of completion and passage of a criminal
background check. Should an in-home care worker be included on the
list with a criminal history indicated on his or her criminal back
ground check, such information will be noted on the registry. A
person may not be removed from the registry if the criminal
background check reveals any negative information;

(5) How a person obtains information from the registry; and,

(6) Any other requirement necessary to implement the
provisions of this section.